Child Passenger Protection Act of 2009 “Leandra’s Law” in New York State
An Act Relative to Passenger Safety
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Transcript of An Act Relative to Passenger Safety
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HOUSE DOCKET, NO. 4050 FILED ON: 7/20/2015
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts _________________
PRESENTED BY:
Michael J. Moran and Linda Dorcena Forry
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to passenger safety.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS:
Michael J. Moran 18th Suffolk
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HOUSE DOCKET, NO. 4050 FILED ON: 7/20/2015
HOUSE . . . . . . . . . . . . . . . No. [Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Eighty-Ninth General Court
(2015-2016) _______________
An Act relative to passenger safety.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
forthwith establish a framework to oversee transportation network companies that establishes
safety and consumer protections, a framework which is immediately needed for public safety and
marketplace fairness, therefore, it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
SECTION 1. Subsection (a) of section 172 of chapter 6 of the General Laws, as amended 1
by section 3 of chapter 10 of the acts of 2015, is hereby amended by inserting after clause (32) 2
the following clauses: 3
(33) A municipal licensing authority with jurisdiction over livery licensure shall have 4
access to all available criminal offender record information to determine the suitability of any 5
applicant for livery licensure. 6
(34)The department of public utilities shall have access to all available criminal offender 7
record information to determine the suitability of an applicant for a motor bus driver certificate 8
pursuant to section 9 of chapter 159A or to determine the suitability of an applicant to become a 9
transportation network driver pursuant to section 11G of chapter 159A. 10
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SECTION 2. Chapter 25 of the General Laws is hereby amended by inserting after 11
section 18A the following section: 12
SECTION 18B. The department may make an assessment against each transportation 13
network company under the jurisdiction of the department pursuant this act. Each transportation 14
network company shall, annually, report by March 31 its intrastate operating revenues for the 15
previous calendar year to the department. Any assessment shall be apportioned according to each 16
transportation network companys intrastate operating revenues as shall be determined and 17
certified annually by the department as sufficient to reimburse the Commonwealth for funds 18
expended for the oversight of transportation network companies. If a transportation network 19
company fails to report its intrastate operating revenues to the department, the department shall 20
be permitted to estimate the companys intrastate operating revenues for purposes of 21
apportioning the assessment or, at the discretion of the department, constitute cause to suspend or 22
revoke a transportation network companys permit. 23
Each transportation network company shall pay the amount assessed against it within 30 24
days after receipt of the notice of assessment from the department. The failure to pay the amount 25
assessed within that timeline may, at the discretion of the department, constitute cause to suspend 26
or revoke a transportation network companys permit pursuant to section 11F of chapter 159A. 27
Any funds unexpended in any fiscal year for the purpose for which such assessments 28
were made shall be credited against the assessment to be made the following fiscal year and the 29
assessment in the following fiscal year shall be reduced by any such unexpended amount. 30
SECTION 3. Chapter 159A of the General Laws is hereby amended by inserting after the 31
section 11B the following: 32
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Section 11C. The following words and phrases used in this section through section 11V 33
of this chapter shall have the following meanings, unless the context clearly requires otherwise: 34
emergency condition, a change in the market regulated under this act, whether actual or 35
imminently threatened, resulting from weather, convulsion of nature, failure or shortage of 36
electric power or other source of energy, strike, civil disorder, war, military action, act of 37
terrorism, national or local emergency or other cause of decreased capacity in the market which 38
results in the declaration of a state of emergency by the governor. 39
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cruising, is the driving of a vehicle on the streets, alleys or public places of motorized 41
travel within the Commonwealth in search of or soliciting prospective passengers or riders. 42
Cruising shall be prohibited by transportation network companies, vehicles and drivers. 43
department, the department of public utilities. 44
hackney or hackney licensee shall have the meaning set forth by the appropriate 45
municipal agent or officer provided with authority by a general or special law of the 46
Commonwealth. 47
livery operator shall have the meaning set forth by the appropriate municipal agent or 48
officer provided with authority by a general or special law of the Commonwealth. 49
mobile application, any third party native application installed on a mobile device, 50
including devices such as smartphones, tablets, iPods or iPads used to arrange or coordinate a 51
transportation network companys service. 52
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passenger manifest, a driver produced recording of a trip detailing, at a minimum: (1) 53
the date and time of the mobile application request, (2) the passenger pick-up location, (3) the 54
fare to be charged or method of calculation to be used, which must be consistent with the fare 55
prearranged in advance and/or applicable law, and (4) the passenger drop-off location. The 56
Passenger Manifest must be maintained for a period of at least one (1) calendar year. 57
prearranged ride, a period of time that begins when a transportation network driver 58
accepts a requested ride through a mobile application, and continues while said driver transports 59
the transportation network company rider, and ends when said rider departs from the vehicle. 60
taxi is a vehicle used or designed to be used for the conveyance of persons for hire 61
from place to place within the Commonwealth, except a street or 62
elevated railway car or a trackless trolley vehicle, within the meaning of Massachusetts 63
General Laws chapter 163 section 2, or a motor vehicle, known as 64
a jitney, operated in the manner and for the purposes set forth in Massachusetts General 65
Laws chapter 159 A, or a sight-seeing automobile licensed under Chapter 66
399 of the Acts of 1931. Also known as a taxicab or hackney carriage. 67
transportation network company, an entity, including, but not limited to, a corporation, 68
limited liability company, limited liability partnership, sole proprietor, or any other entity, 69
operating in the Commonwealth that provides prearranged for-hire ride services for 70
compensation using a mobile application to connect passengers with drivers using a vehicle 71
authorized by the appropriate authorities. 72
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transportation network company permit or permit, a document that may be issued by 73
the department to a qualifying transportation network company under this chapter, effective for a 74
period of two years. 75
transportation network driver or driver any licensed driver in the Commonwealth 76
who uses a vehicle in connection with compensation from a transportation network company. 77
transportation network driver certificate or certificate is documentation issued by the 78
department or its designated state or municipal agency or office pursuant to this chapter, 79
effective for a period of one year. Notwithstanding the provisions of Chapter 90 of the General 80
Laws or any other general or special law to the contrary, unless otherwise exempted, no person 81
shall engage in the business of a transportation network company on any highway within the 82
Commonwealth on an intrastate basis unless such person has secured from the department 83
documentation authorizing such business. 84
transportation network rider or rider, a passenger in a pre-arranged ride provided by a 85
transportation network driver, provided that the passenger personally arranged the ride or an 86
arrangement was made on the passengers behalf. 87
transportation network services or services, the offering or providing of pre-arranged 88
rides for compensation or on a promotional basis to riders or prospective riders through the 89
transportation network companys mobile application, covering the period beginning when a 90
transportation network driver is logged onto the transportation network companys mobile 91
application and is available to receive a prearranged ride or while in the course of providing a 92
prearranged ride. 93
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vehicle, a vehicle owned or leased by a driver for operation in connection with 94
compensation from a transportation network company. No transportation network company may 95
dispatch limousines, executive sedans, and/or taxicabs without holding applicable authorizations 96
from the appropriate municipal authority or officer authorized by the general court to do so. 97
Further, every vehicle shall be a livery vehicle in accordance with chapter 90 of the general laws, 98
airport and authority regulations, and regulations of the registry of motor vehicles. Further, a 99
transportation network company shall assign a driver to only one vehicle and shall only authorize 100
a driver to transport passengers in said vehicle. Provided, further, a vehicle shall be registered as 101
a livery vehicle in Massachusetts with seating capacity of no more than eight persons, including 102
the driver. A vehicle shall not have been issued a certificate of title, either in the Commonwealth 103
or any other state, classifying the vehicle as salvage, non-repairable, rebuilt, or any equivalent 104
classification. A vehicle shall be covered under a commercial insurance policy as a livery vehicle 105
meeting the requirements of this chapter, as applicable, and be registered with the department for 106
use as a vehicle and display an identification marker issued by the department under this chapter. 107
A vehicle authorized to be operated by a driver under this chapter shall not be more than 5 model 108
years of age. 109
Section 11D. The department shall have general oversight of all transportation network 110
companies and the manner in which transportation network services are provided with reference 111
to the safety and convenience of the public, as expressly set forth in this chapter. 112
Notwithstanding any other provision of general or session law, transportation network companies 113
are not subject to the departments rate or common carrier requirements, other than those 114
expressly set forth in this chapter. Except as otherwise provided in the general laws, every 115
transportation network company, driver, and vehicle shall be subject to the oversight of the 116
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department; further, statutes and regulations of the department promulgated under this chapter 117
shall be enforced by the department and all other law-enforcement agents and officers with 118
appropriate jurisdiction. 119
Section 11E. 120
(a) No transportation network company shall operate in the Commonwealth without a 121
permit issued to it by the department. 122
(b) No driver shall provide services unless, said driver: (i) is affiliated with a 123
transportation network company that holds a permit issued by the department; (ii) has been 124
authorized to provide transportation network services by the department; (iii) holds a current and 125
valid certificate identifying him as a transportation network driver; (iv) uses a vehicle that is 126
listed on the driver certificate and displays the recognizable, vehicle markings required by the 127
department; and (v) carries the proof of insurance required by this chapter. 128
(c) A driver shall carry at all times, while operating a vehicle, proof of coverage 129
under each in-force primary commercial insurance policy established in accordance with this 130
chapter, which shall also be displayed as part of the mobile application. The transportation 131
network company shall require proof of the driver's compliance with this requirement. 132
Section 11F. 133
At minimum, and subject to such other requirements as the department may establish by 134
regulation, no application for a permit may be granted unless the department determines that the 135
rendering of a transportation network companys services by the applicant is consistent with the 136
public interest; and, that the transportation network company attests each respective driver being 137
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fit, responsible, willing and able to perform such services. Further, each applicant for a permit 138
must meet the insurance requirements set forth in this chapter; and, a transportation network 139
company shall not allow the provision of services by any driver who has not been determined to 140
be suitable to provide transportation network services through the process set forth in this 141
chapter. 142
The transportation network company shall submit a verification setting forth, in detail, its 143
protocols for complying with the background check requirements under this chapter. 144
Each vehicle used to provide transportation network services shall be inspected yearly 145
through a process approved by the department. 146
Section 11G. 147
(a) A driver who applies for a transportation network company certificate shall, at 148
minimum, and be subject to the following and such other requirements as the department may 149
establish: the transportation network company shall conduct a background check of each 150
applicant. Further, before hiring an individual to act as a driver, a transportation network 151
company shall confirm that the person is at least 21 years of age and possesses a valid driver's 152
license; and, as part of the departments certification and approval of the background check 153
process of a transportation network company, a drivers and vehicles, the department, in 154
conjunction with the department of public safety and the office of criminal justice information, 155
prior to authorizing an individual to act as a driver, and at least once every year after authorizing 156
an individual to act as a driver, shall obtain a national criminal history records check of that 157
person. Such criminal history records check shall be conducted by an authorized agent within the 158
department of public safety. Background checks shall include (i) a multi-state/multi-Jurisdiction 159
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criminal records database Search or a search of a similar nationwide database with primary 160
source search validation and (ii) a search of the sex offender registry and criminal offender 161
records information (CORI) database and the U.S. department of justice's national sex offender 162
public website (iii) shall conduct fingerprint-based checks of the state and national criminal 163
history databases, as authorized by 28 CFR 20.33 and public law 92-544. The fingerprint-based 164
checks shall be conducted on any applicant seeking to be a transportation network company 165
driver. The department may receive all criminal offender record information and the results of 166
checks of state and national criminal history databases under said Public Law 92-544. When the 167
department obtains information from state and national criminal history databases, it shall treat 168
the information in accordance with sections 167 to 178, inclusive, of chapter 6 and the 169
regulations thereunder regarding criminal offender record information. 170
Fingerprints shall be submitted to the identification section of the department of state 171
police for a state criminal history check and forwarded to the federal bureau of investigation for a 172
national criminal history check, according to the policies and procedures established by the state 173
identification section and by the department of criminal justice information services. Fingerprint 174
submissions may be retained by the federal bureau of investigation, the state identification 175
section and the department of criminal justice information services to assist the department in its 176
review of suitability for initial or continued employment, licensure, certification or approval. The 177
department of criminal justice information services may disseminate the results of a state and 178
national criminal history check to the department to determine the suitability of an applicant that 179
is consistent with the provisions of this section. The department shall promulgate rules and 180
regulations for the recovery of cost associated with this program from the transportation network 181
company. 182
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(b) Before authorizing an individual to act as a driver, and at least once each year 183
thereafter after authorizing an individual to act as a driver, a transportation network company 184
shall obtain and review a driving history research report of a driver. Further, before authorizing 185
an individual to act as a driver, and at least once every year thereafter authorizing a person to act 186
as a driver, a transportation network company shall verify that the person is not listed in the 187
Massachusetts CORI database, on the sex offender registry or on the U.S. department of justice's 188
national sex offender public website. A transportation network company shall not authorize an 189
individual to act as a driver if the criminal history records check reveals that the individual: (a) Is 190
a person for whom registration with the sex offender registry is required pursuant to chapter 6, 191
section 178L through 178P and chapter 123A or is listed on the U.S. department of justice's 192
national sex offender public website; (b) has ever been convicted of or has ever pled guilty or 193
nolo contendere to a felony offense in accordance with the laws of the Commonwealth or a 194
substantially similar law of another state or of the United States; (c) within the preceding seven 195
years has been convicted of or has pled guilty or nolo contendere to any offenses, either under 196
the law of the Commonwealth or a substantially similar law of another state or of the United 197
States resulting in revocation of a driver's license, or (d) within the preceding three years has 198
been convicted of or has pled guilty or nolo contendere to any of the following offenses, either 199
under the laws of the Commonwealth or a substantially similar law of another state or of the 200
United States: (i) three or more moving violations, (ii) failure to stop for a law-enforcement 201
officer, (iii) reckless driving, or (iv) refusing to submit to a chemical test to determine the alcohol 202
or drug content of the person's blood or breath. 203
If the department does not act upon an application within 45 days of receipt, and upon 204
notifying the department and satisfying the customary fee, a transportation network company 205
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may provisionally allow an applicant to provide the transportation network companys services, 206
provided that the transportation network company has determined that the applicant meets the 207
departments requirements and that all of the other requirements of Section 11E(b) are satisfied. 208
If the department subsequently notifies denies the applicants certificate the transportation 209
network company shall immediately prohibit the driver from providing transportation network 210
services. 211
As a condition of employment, a driver shall submit to a random and reasonable 212
suspicion 5 panel drug testing program in accordance with the applicable rules, regulations and 213
policies established and implemented by the department of transportation. 214
A driver shall inform each transportation network company that has authorized the driver 215
to act as a driver of any event that may disqualify him from continuing to act as a driver, 216
including any of the following: a change in the registration status of the vehicle; the revocation, 217
suspension, cancellation, or restriction of the driver's license to operate a motor vehicle; a 218
change in the insurance coverage of the vehicle; a motor vehicle moving violation in any 219
jurisdiction; or, a criminal arrest, plea, or conviction. 220
(c) The requirements set forth in subsection (b) shall apply to each renewal of a 221
transportation network company permit and certificate. 222
(d) A transportation company shall provide to the department a register of each driver 223
authorized by it to be a transportation network driver, and shall update said register each calendar 224
month. The department shall make this register available to the registry of motor vehicles and 225
state and local law enforcement. Failure to comply for three consecutive months shall result in 226
revocation of the transportation network companys authority to operate in the Commonwealth. 227
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(e) The department shall approve the form of a transportation network driver 228
certificate; provided, however, that each such certificate shall contain the name, address, and 229
picture of the driver, and the license plate number of the vehicle used by him to provide 230
transportation network services. 231
(f) For each transportation network company driver vehicle it authorizes, a 232
transportation network company shall issue vehicle markings to the driver associated with that 233
vehicle. The vehicle markings shall be sufficient to identify the transportation network company 234
or mobile application with which the vehicle is affiliated and shall be displayed in a manner that 235
complies with the laws of the Commonwealth. The vehicle markings shall be of such size, shape, 236
and color as to be readily identifiable during daylight hours from a distance of 75 feet while the 237
vehicle is not in motion and shall be reflective, illuminated, or otherwise patently visible at all 238
times. The vehicle markings may take the form of a removable vehicle marking that meets the 239
identification and visibility requirements of this section. The transportation network company 240
shall submit to the appropriate regulatory authority proof that the transportation network 241
company has established the vehicle markings required under this subsection by filing with the 242
Commonwealth an illustration or photograph of the vehicle markings. A transportation network 243
company driver shall keep the vehicle markings visible at all times while the vehicle is being 244
operated. Every driver must have a valid identification, photo and certificate placed in a position 245
visible to the passenger in the vehicle. 246
Section 11H. 247
Notwithstanding the provisions of Chapter 175 of the General Laws or any other special 248
or general law to the contrary, every vehicle shall be registered and insured as a livery vehicle at 249
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all times and maintain commercial automobile insurance with a minimum of $1,000,000 in 250
bodily injury coverage. 251
(A) Personal injury protection as defined in section 34A, and as prescribed by section 252
34M, of chapter 90 of the General Laws. 253
(B) Uninsured motorist coverage in accordance with section 113L(1) of chapter 175 of 254
the General Laws in the amount of $100,000 per person and $300,000 per accident, and 255
underinsured motorist coverage in accordance section 113L(2) of chapter 175 of the General 256
Laws if the participating driver carries that coverage. 257
(C) Collision coverage as described in section 34O of chapter 90 of the General Laws 258
and comprehensive coverage as described in section 113O of chapter 175 of the General Laws if 259
the participating driver carries those coverages on their personal auto policy unless that insurer is 260
providing transportation network company insurance to the driver. 261
Insurance policy coverage under this section shall not be dependent on a personal 262
automobile insurance policy first denying a claim nor shall a personal automobile insurance 263
policy be required to first deny a claim. 264
In every instance where the insurance maintained by a participating driver to fulfill the 265
insurance obligations of this section has lapsed or ceased to exist, the transportation network 266
company shall provide the coverage required by this section beginning with the first dollar of a 267
claim. 268
In a claims coverage investigation, a transportation network company or its insurer shall 269
cooperate with insurers that are involved in the claims coverage investigation to facilitate the 270
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exchange of information, including the provision of dates and times at which an accident 271
occurred that involved a participating driver and the precise times that the participating driver 272
logged on and off the transportation network companys mobile application. 273
A driver shall carry proof of transportation network company insurance coverage with 274
him or her at all times during his or her use of a vehicle in connection with a transportation 275
network companys mobile application. In the event of an accident, a participating driver shall 276
provide this insurance coverage information to any other party involved in the accident, and to a 277
police officer, upon request. 278
Section 11I. 279
The transportation network company shall verify that the vehicle to be used by the driver 280
to provide transportation network services has been registered in the Commonwealth and 281
inspected pursuant to section 7 of chapter 90 and regulations promulgated thereunder at a facility 282
licensed by the registry of motor vehicles. 283
A transportation network company shall make the following disclosures in writing to a 284
driver or prospective driver: The primary commercial liability insurance coverage and limits of 285
liability that the driver is required to maintain for himself and for the vehicle; the obligation of 286
the driver to notify any holder of a lien on the vehicle that such vehicle is being used as a 287
transportation network company designated vehicle, and the rules, regulations and requirements 288
to be an authorized driver under this act. Said disclosures shall be provided to the driver in an 289
easy to understand presentation and the driver must acknowledge, in writing under the pains and 290
penalties of perjury, that he or she has reviewed the disclosures, understands the disclosures and 291
will comply with all rules, regulations and requirements contained therein and herein. 292
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Section 11J. 293
(a) The department may, following notice and a hearing, suspend or revoke a 294
transportation network company permit at its discretion. Further, the department may order a 295
transportation network company to suspend or revoke the authorization of a driver to operate a 296
vehicle. 297
(b) A transportation network company must immediately report to the department a 298
drivers arrest for any crime or a citation for a driving infraction. Failure of the company to do so 299
within three days of it having knowledge of such a driver crime or infraction shall result in 300
discipline by the department, including but not limited to revocation of the transportation 301
network companys and/or drivers authorization to operate in the Commonwealth. 302
Section 11K. 303
(a) Whenever the department determines that any transportation network company is 304
in violation of any provision of this chapter or any regulation or rule promulgated hereunder, the 305
department may impose a monetary penalty, suspend or revoke a permit, or take such other 306
action as the department deems necessary. In determining the amount of the penalty, the 307
department shall consider the size of the transportation network company, the gravity of the 308
violation, the good faith, if any, of the transportation network company in attempting to achieve 309
compliance and remedying non-compliance, and any previous violations. 310
(b) Any driver providing transportation network services who is not in compliance 311
with clause (b) of section 11E has committed a civil motor vehicle infraction as that term is used 312
in section 1 of chapter 90C; may be issued a civil citation by state or local law enforcement; and, 313
if so cited, shall be subject to a fine of not less than 750 dollars. 314
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Section 11L. 315
The department shall recommend and the secretary of administration and finance shall 316
establish, pursuant to section 3B of chapter 7, the cost associated with undertaking a 317
determination under section 11G, which cost may be payable by the applicant or the 318
transportation network company. 319
Section 11M. 320
Within 90 days of enactment of this chapter, the department shall establish regulations, 321
rules, and orders to effectuate this chapter; provided that the department shall consult with the 322
division of insurance in the development of any regulations related to insurance coverage; 323
provided further that the department shall consult with the executive office of public safety and 324
security, municipalities as identified by the department, in the development of any regulations 325
related to this chapter. 326
Section 11N. 327
(a) For enforcement actions under this chapter, the department shall prescribe records 328
to be maintained by transportation network companies, including, but not limited to, records 329
pertaining to service accessibility and pricing. Each transportation network company or any 330
applicant for a transportation network company permit shall furnish all information and 331
documents related to the condition, management, and operation of the company upon the 332
departments request; provided, however, that any such request must be reasonably related to the 333
requirement set forth in this chapter and any regulations promulgated thereunder. 334
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(b) Any record furnished to the department may exclude information that would tend 335
to identify specific passengers, unless such information is pertinent to the enforcement processes 336
established in this chapter. 337
(c) Unless already disclosed to the public by lawful means, any record furnished to 338
the department or any other state agency by a transportation network company pursuant to this 339
chapter, including but not limited to the register of authorized transportation network drivers 340
shall not be considered a public record as that term is used in clause 26 of section 7 of chapter 4 341
or chapter 66; provided, however, that an application for a permit shall be a public record; 342
provided further, that any such application may be withheld from disclosure, in whole or in part, 343
for reasons set forth in clause 26 of section 7 of chapter 4 or chapter 66. 344
Section 11O. 345
A transportation network company and a driver shall only provide services by 346
prearranged ride using a mobile application, without exception. No driver shall transport a 347
passenger unless a transportation network company has matched the driver to that passenger 348
through a prearranged ride using a mobile application. A driver shall not solicit, accept, arrange, 349
or provide transportation in any other manner, including street hails, cruising, or street 350
solicitations. Any driver found to be in violation of this prohibition shall be fined no less than 351
$1,500.00. Any driver found to have violated the provisions of this section on more than 2 352
occasions shall have his or her vehicle impounded for a period of 72 hours by the relevant law 353
enforcement agency and shall be suspended from operating as a driver for a period of no less 354
than one year. 355
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A transportation network company shall authorize collection of fares for transporting 356
passengers solely through a mobile application. A driver shall not accept payment of fares 357
directly from a rider, passenger, or any other person. Any driver found to be in violation of this 358
prohibition shall be fined $10,000.00 and said vehicle shall be impounded by the relevant law 359
enforcement agency for 72 hours. Further, the department shall revoke any drivers 360
authorization to operate under this chapter who has been found to be in violation of this section 361
for no less than one year. 362
Section 11P. 363
A transportation network company shall publish the following information on its public 364
website and associated mobile application: The method used to calculate fares or the applicable 365
rates being charged and an option to receive an estimated fare; information about its driver 366
screening criteria, including a description of causes for disqualification as an authorized driver; 367
the means for a passenger or other person to report unlawful, unsafe, or discourteous operation of 368
a vehicle; information about the driver training and testing requirements; information about the 369
departments standards for drivers and vehicles; and, a toll free passenger support telephone 370
number and an easily remembered email address for reporting a complaint, including contact 371
information for the attorney general, department, and state and local law enforcement. Further, 372
free of charge, a transportation network company shall maintain a live customer service 373
representative who can be contacted via the internet or telephone 24 hours per day and seven 374
days per week. 375
A transportation network company and its driver shall, at all times, make the following 376
information available through its mobile application upon request of the department, law-377
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enforcement, and airport agents: the name of the transportation network company, driver permit, 378
license plate number of the vehicle, and a passenger manifest. 379
Upon completion of a prearranged ride, a transportation network company shall transmit 380
to the passenger a receipt that includes: the date and the times the trip began and ended; total 381
fare, including the base fare and any additional charges incurred for distance traveled or duration 382
of the transport, tolls and fuel, and contact information of the transportation network company. 383
Each transportation network company shall adopt and enforce a policy of 384
nondiscrimination on the basis of a passenger's points of departure and destination and shall 385
notify drivers of such policy. Transportation network companies and drivers shall comply with 386
all applicable laws regarding nondiscrimination against riders and passengers or potential riders 387
or passengers. A transportation network company shall maintain a ratio of at least 1 wheelchair 388
accessible vehicle per 100 of its designated vehicles operating in any one service area. A 389
transportation network company shall provide passengers an opportunity to indicate whether 390
they require a wheelchair-accessible vehicle and, if the transportation network company cannot 391
provide for a wheelchair-accessible vehicle, it must arrange for rider pick-up by a provider of a 392
wheelchair-accessible vehicle authorized do so in the Commonwealth. A transportation network 393
company shall not impose additional charges for providing services to persons with disabilities. 394
Drivers shall comply with all applicable laws, rules, and regulations relating to accommodation 395
of service animals. A driver may only refuse to transport a rider or passenger for reason not 396
prohibited by law. A driver shall immediately report to the transportation network company any 397
refusal to transport a rider or passenger. The transportation network company shall log such 398
refusal and report those statistics every January 15th and June 15th of each calendar year. 399
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A transportation network company shall deploy a zero-tolerance policy with regard to 400
substance abuse and shall include a notice concerning the policy on its website and mobile 401
application, along with reporting protocols. 402
SECTION 11Q. 403
A transportation network company or driver shall not conduct any business or operate a 404
vehicle on any property under control and management of an airport or authority unless 405
authorized by the respective airport or authority to do so. The department may sanction, at its 406
discretion, a transportation network company and/or driver that violates any regulation of an 407
airport or an authority, including, but not limited to, the suspension or revocation of a certificate 408
and/or permit. 409
SECTION 11R. 410
Notwithstanding any general or special law, rule, regulation, or ordinance to the 411
contrary, a transportation network company, hackney licensee and livery operator may not raise 412
base fares based upon supply and demand, provided, however that base fares may be raised 413
during an emergency condition, as follows: During an emergency condition, a driver under 414
authorization and as directed by a transportation network company, hackney licensee or livery 415
operator shall not raise their base fares by an amount greater than two times that which was in 416
effect prior to the emergency condition. Any violation of this statute shall result in the 417
suspension of operating privileges of a transportation network company and/or driver for no less 418
than one year, as determined by the department. 419
SECTION 11S. 420
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A transportation network company is prohibited from requiring a rider or passenger to 421
waive his or her right to initiate a claim for damages or other remedy at law and equity against 422
the transportation network company or the driver as a condition of agreement for services. 423
SECTION 11T. 424
No vehicle shall solicit passengers for transportation services on any public way nor shall 425
a vehicle be parked on any public way for a time longer than is reasonably necessary to accept 426
passengers as a result of a call for service. No passenger shall be accepted for any trip in such 427
vehicle without previous engagement, at a fixed fare. 428
SECTION 11U. 429
A transportation network company shall submit proposed fares and rates, including the 430
per mile and tolls, idling/waiting time, hourly rates, for approval by the department prior to 431
receiving a permit under this chapter. 432
The mobile application used by the transportation network company to prearrange rides 433
must submit to the department for approval an explanation of the total cost or pricing structure 434
applicable to each pre-arranged ride before such ride begins, and if approved, clearly make said 435
explanation available and visible to passengers. 436
Any devise provided to drivers used to calculate an approved pricing structure, including 437
smartphones provided by transportation network companies, shall be subject to approval in 438
accordance with section 45 of chapter 98 of the general laws. 439
SECTION 11V. 440
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No vehicle shall use or otherwise benefit from any public or privately designated taxi or 441
hackney stand. 442
SECTION 4. There shall be a task force established to review the current laws, 443
regulations, and local ordinances governing licensed hackneys, taxis, livery, and transportation 444
network companies in the Commonwealth and to make recommendations concerning public 445
safety, consumer protection, and the economic fairness and equity of the regulatory structure 446
governing the ride for hire business in the Commonwealth. The task force shall be comprised of 447
11 members with one member of the house appointed by the speaker, one member of the senate 448
appointed by the president, the chair of the department of public utilities or designee, the 449
Attorney General of the Commonwealth or designee, a representative of the disability law center, 450
a representative of the Massachusetts municipal association, a representative of the 451
Massachusetts police association, a representative of the transportation network companies 452
appointed by the governor, a representative of the hackney and taxi industry to be appointed by 453
the governor, member of the legal community to be appointed by the governor, and a member of 454
the livery industry to be appointed by the governor. The task force shall meet and report back its 455
findings and any accompanying legislation no later than January 31, 2016 and file the same with 456
the clerks of the house and the senate. 457
SECTION 5. That portion of SECTION 3 codifying section 11E of chapter 159A of the 458
General Laws shall take effect 1 month after the enactment of this act; provided, however, that 459
on no more than 2 occasions, the department of public utilities, in its sole discretion, may extend 460
the effective date of section 11E by one month. 461
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SECTION 6. If any section or clause of this act is held invalid or unconstitutional by a 462
court of competent jurisdiction, the remainder shall not be affected thereby. 463